Article 11
Salary and Awards; Standard Player's Contract
11.1. Player Contract.
(a) The standard form Player Contract annexed hereto as
Exhibit 1 (the "1995 Standard Player's Contract"), will be the
sole form of employment contract used for all player signings
after the date of this Agreement. Contracts signed on previously
approved forms, including on the form issued in September 1994,
will be considered valid and effective, until expiration.
(b) No Player Contract shall be valid or enforceable in any
manner whatsoever unless it has been filed with the League and
approved by the Commissioner or his designee or the Impartial
Arbitrator. Except with respect to players who are party to an
Amateur Try-Out Contract, and cases in which salary arbitration
has been invoked pursuant to Article 12 hereof but has not been
completed prior to the commencement of the playing season, no
player will be permitted to play in a regular season or playoff
game or in any international game provided for in Article 24
hereof unless a contract has been filed with the League and not
disapproved by the Commissioner or, if applicable, the Impartial
Arbitrator. Such approval will, if there is no objection raised
by the Commissioner or his designee, be given within fourteen
(14) days of the League's receipt of such contract, provided that
if no action is taken during such period, the Player Contract
shall be deemed to be approved. A Club must file with the League
five (5) originally executed counterparts of a Player Contract,
and shall also deliver one originally executed counterpart to
each of the NHLPA and the Player in accordance with Section
11.3(a) of this Agreement.
(c) In the event the Commissioner or his designee rejects or
disapproves a Player Contract, a written notice as to the
specific reasons, and citing the relevant clauses or provisions,
therefor shall be sent to the Club, the player and the NHLPA
within two (2) business days of such rejection or disapproval.
In such case, or in the event the Impartial Arbitrator rules in
the League's favor in accordance with the following sentence, the
Club and the Player will then have seven (7) business days from
the date of rejection or the Impartial Arbitrator's ruling, as
the case may be, to agree on and file a conforming Player
Contract with the League during which time the Player may play
for the Club, provided that if a conforming Player Contract is
not so filed, then the Player may not play in any NHL regular
season or playoff game unless and until a Player Contract is
filed with and approved by the Commissioner or, if applicable,
the Impartial Arbitrator. In the event a Player Contract is
rejected and the NHLPA disagrees with such rejection, the NHLPA
may refer such dispute to the Impartial Arbitrator, which dispute
shall be heard and a decision rendered within 48 hours or as soon
thereafter as possible.
11.2. Individually Negotiated Limitations on Player Movement.
Contracts entered into on or after a player's 32nd birthday
(or his 31st birthday on or after June 30, 1998) may contain a
no-trade clause. Contracts containing a "no-trade" clause may be
entered into prior to the player's 32nd birthday (or his 31st
birthday on or after June 30, 1998), so long as the fixed term of
the contract containing the no-trade clause extends through the
player's 32nd birthday (or his 31st birthday on or after June 30,
1998) and the no-trade clause does not become effective until the
player reaches his 32nd birthday (or his 31st birthday on or
after June 30, 1998). If the player is traded prior to the
no-trade clause taking effect, the clause does not bind the
acquiring Club. The acquiring Club may separately agree to a
no-trade clause.
11.3. General.
(a) Any agreement between any player and any Club or Club
affiliate concerning terms and conditions of employment and any
agreement between any player and any Club or Club affiliate
providing for the player to be compensated by the Club or Club
affiliate shall be set forth in writing and disclosed and
provided by the Club and/or Club Affiliate to the League and the
NHLPA within five (5) business days of the execution or making of
the agreement.
(b) Nothing contained in this Agreement shall require any
Club to pay or be obligated to pay any player (not including
retired players) other than pursuant to the terms of an approved
Player Contract. Nothing contained in the immediately preceding
sentence shall affect a Club's obligation to pay a player
Deferred Compensation earned under a prior Player Contract or
affect the Club's obligations, if any, under any other agreement
between a player and any Club or Club Affiliate.
(c) Nothing in this Agreement shall prevent individual
negotiations between a player and his Club with respect to
salary. To the extent of any inconsistency between any provision
of a Player Contract and any provision of this Agreement (other
than the duration thereof), this Agreement shall govern. There
shall be no duplication or compounding of benefits to players
where both this Agreement and the player's contract provide for
similar benefits. A player and a Club shall at all times be free
to negotiate and enter into a two-way Player Contract, including
those players for whom a mandatory one-way Qualifying Offer must
be made.
(d) Bonuses earned by a Player pursuant to a Player Contract
shall be paid within the period set forth in the Player Contract,
provided if no period is set forth, then within ten (10) days of
the Club's last game (regular season or playoffs, as the case may
be). Players shall receive awards earned as soon as practicable
after entitlement. In cases where the Club is to receive monies
from the League to pay for such awards, the Club shall disburse
such monies to the entitled players as soon as practicable after
receiving such monies from the League.
(e) No Club shall act in bad faith to deprive a player of
rights or benefits under this Agreement or any current Player
Contract or with respect to Deferred Compensation earned under a
prior Player Contract.
11.4. Conformity. All Player Contracts signed prior to the
execution of this Agreement and in effect during the term hereof
shall be deemed amended in such a manner to require the parties
to comply with the terms of this Agreement, the Transition Rules
attached as Exhibit 16 and the 1995 Standard Player's Contract,
except with respect to currently existing performance bonuses.
11.5. NHL Minimum Compensation.
(a) Except with respect to Try-Out Contracts, no Player
Contract shall provide for Compensation of less than the
following:
(i) For each of the 1994/95, 1995/96,
1996/97 and 1997/98 Seasons: $125,000 if the player plays in the
NHL and the greater of $25,000 or the minimum minor league salary
if the player plays in the Minors.
(ii) For each of the 1998/99, 1999/00 and
2000/01 Seasons: $150,000 if the player plays in the NHL and the
greater of $25,000 or the minimum minor league salary if the
player plays in the Minors.
11.6. Option Clauses. Player Contracts shall not contain any
option clause in favor of the Club or the Player except an option
clause that: (a) is specifically negotiated between a player and
a Club; (b) authorizes the extension of such contract beyond its
stated term; and (c) states the Compensation to be paid to the
Player during that option year or years. Any option clause must
be exercised by the later of June 30 or the day following the
last day of that Club's season (including playoffs, if
applicable) immediately prior to the season covered by the option
clause. Salary Arbitration shall not be available to the Player
for any option year, except as expressly set forth in the
Transition Rules. Option Clauses in standard player contracts in
effect as of the date hereof are hereby abolished, subject to the
Transition Rules.
11.7. Undisclosed Terms. At the time a Club and a player
enter into any Player Contract, or any renegotiation, extension
or amendment of a Player Contract, there shall be no undisclosed
agreements of any kind, express or implied, oral or written, or
promises, undertakings, representations, commitments,
inducements, assurances of intent, or understandings of any kind,
between such player and any Club involving Compensation either
during the term of the Player Contract or thereafter.
11.8. Injury/Salary Arbitration. Any player who is not a
party to a Player Contract or any previously approved standard
form contract, including the September 1994 form, because salary
arbitration has been invoked pursuant to Article 12 but has not
been completed, and who prior to entering into such contract is
injured in training camp or in a game, shall, for the purpose of
determining salary payable during the period of his injury in
that playing season, be deemed to have executed such contract for
the higher of (i) the Club's offer for the season in question,
(ii) his salary for the immediately preceding playing season, or
(iii) the salary established by the then pending salary
arbitration.
11.9. No Liability for Compensation. In no event shall either
the League or any Club, solely by reason of membership in the
League, be liable with respect to any player's Compensation,
whether under a deferred compensation arrangement or otherwise.
11.10. All-Star Game Payments. All-Star Game payments shall be
paid only to the players who participate in the game, or who were
chosen to participate but are unable to do so as a result of
injury or illness shall receive an equal share payment from the
existing payment pool; the NHL having no liability for such
additional share(s).
11.11. Default. The parties agree that if the Club shall default
in the payment of any Compensation to the player provided for in
the Player's Player Contract or shall fail to perform any other
obligation agreed to by the Club thereunder (or in any previously
approved standard form contract, including the September 1994
form), the player may, by notice in writing to the Club and to
the League and the NHLPA, specify the nature of any and all
defaults and thereafter:
(a) If the Club shall fail to remedy the default within
fourteen (14) days from receipt of such notice, except as
hereinafter provided in subsections (b), (c) and (d) of this
Section 11.12, the contract shall be terminated, and upon the
date of such termination all obligations of both parties shall
cease, except the obligation of the Club to pay the player's
Compensation to that date, provided, however, that;
(b) the player hereby irrevocably offers the League an
option to cure said default within the seven (7) days next
succeeding the fourteen (14) days within which the Club may cure
the default upon the condition that, in the event the League may
accept this offer, the League would then guarantee payment of
that portion of the player's Compensation, as set forth in the
Player's Player Contract, as may become due for a period of
twenty-one (21) days from receipt by the League of any notice of
default. The League may accept this offer by notification to the
player and the NHLPA in writing of such acceptance and of its
guarantee of said twenty-one (21) day Compensation period as soon
as possible following receipt of notice of default from player
but in no event later than fourteen (14) days following receipt
of such notice. This offer will be deemed rejected if not
accepted as set forth above;
(c) said option may be assigned by the League to any other
Club and, upon such assignment, the assignee Club shall inure to
all of the rights of and assume all obligations of the League
under this Section 11.12;
(d) the player further agrees that, if the League has given
due notice as set forth in subsection (b), he will continue to
perform all of his obligations under his contract for the full
twenty-one (21) day period and, in the event the Club does not
cure the default within the fourteen day period, as set forth in
Subsection (a), the League, or any Club to which its option has
been assigned, may cure the default within the seven (7) days
following the first fourteen (14) days next succeeding receipt of
notice of default; and
(e) the Club agrees if it does not cure the default within
the fourteen (14) day period, as set forth in subsection (a)
above, and the League, or an assignee Club, cures said default in
accordance with subsections (b), (c) and (d) of this Section
11.12 then, in such event, all rights and obligations of the Club
under this contract shall be transferred to the League, or such
assignee Club, provided, however, that no obligation with respect
to a default or defaults claimed to exist at the time of notice
of default, as provided above, but not specifically included and
set forth in said notice shall be assumed by the League or such
assignee Club and the League or such assignee Club shall have no
liability with respect thereto.